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Wardyboy2 V HSBC **WON**


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No offer yet. My LBA arrived yesterday so I expect it will be a few days.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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UPDATE:

 

Got home to another letter on the doormat. Got all excited thinking it could be some progress. However it was a letter from Mr Colin Langdale in Leeds requesting a breakdown. Written in a suprisingly nice tone though:

 

-------------------------------------------------------------------------------

...Thank you for your letter dated 29 June 2006 requesting a refund of all your bank charges of £xxxx.xx

 

In order that we can consider your request please provide a full itemised breakdown of these charges to include date, description of the charge and the amount applied. Please also include any proposed new charges that you will have recieved a pre notification advice for.

 

Thank you again for taking the time to write...

--------------------------------------------------------------------------------

 

Now, I have already recieved a letter from Mr Bowden in Sheffield in a munch more severe tone telling me they can do nothing without a breakdown. I have since sent my LBA (Arrived yesterday) to him, not Mr Langdale.

 

So... I was thinking of writing to Mr Langdale with a schedule of charges mentioning that I have sent further correspondence to Mr Bowden and including a copy of the LBA. I will also mention that my timetable has not changed! Or should I do something different?

 

What do you we all think?

 

Cheers

 

Steve

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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If you've already included a schedule of charges with your LBA to Bowden, I'd ignore Langdale and just stick to the timetable

 

Thanks mate. I was always going to stick to the schedule, but don't you think I should update Langdale as he is in Leeds office wherar Bowden is in Sheffield?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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  • 2 weeks later...

Well... It has been ages and no reply at all from the Bank. i phoned today to make sure nothing was "In the Post" and it isn't. The man said it could be a further 4 weeks before I get a reply. I'm not waiting that long as the 14 days was up on Monday so I'm claiming on MoneyClaim.

 

Its all filled in, but whatever i do I can't get it on 24 lines (despite only 1056 characters). Can anyone help me out as I don't know what I can chop off to make it fit. This is what I have so far:

 

--------------------------------------------------------------------------------

I have 2 bank accounts with HSBC (xx-xx-xx/xxxxxxxx and xx-xx-xx/xxxxxxxx)

conducted on their standard terms and conditions. I am claiming return of money

taken by the defendant in way of charges between 07/2004 and 07/2006, total £1467 These charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 para 8 and sch2(1)e. In the event the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (28/08/2004) to (01/08/2006)of £91.92 and also interest at the same rate up to

the date of judgement or earlier payment at a daily rate of £0.32

--------------------------------------------------------------------------------

 

Your help would be much appreciated.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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--------------------------------------------------------------------------------

I have 2 bank accounts with HSBC (xx-xx-xx/xxxxxxxx and xx-xx-xx/xxxxxxxx)

conducted on their standard terms and conditions. I am claiming return of £1467

taken by the defendant in way of charges between 07/2004 and 07/2006, These charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 para 8 and sch2(1)e. In the event the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s15. The Bank has repeatedly declined to justify their charges I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (28/08/2004) to (01/08/2006)of £91.92 and also interest at the same rate up to

the date of judgement or earlier payment at a daily rate of £0.32

--------------------------------------------------------------------------------

 

 

 

Remove 'bank' and what i assume are sort codes since these are unnecessary

Hope this fits now.

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Thanks Michael.

 

MCCOL Submitted,

 

Case number: 6QZ51178

Total Claim (including charges & Interest): £1678.92

 

Lets see what happens next.

 

How do I get the details in "Litigation in progress?"

 

Steve

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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mmmmmmmmmmmmm... Interesting

 

I filed my moneyclaim yesterday and paid the £120. I recieved my confirmation today stating that the order was sent 1st class yesterday and should be deemed served on the 7th. However, I also recieved today an offer from Colin Langdale of about 90% of my origional claim.

 

If that offer had arrived a day earlier I would probably have taken it, but as I have now paid the £120 court fees I want that back as well.

 

My question is... If I were to withdraw my claim now would I get the £120 back from the courts or is it too late? Should I withdraw my claim or should I stick with it now its in (silly question really as I know what you'll all say). I COULD really do with the money sooner rather than later, but it shouldn't be too long now should it?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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might as well stick with it you will get it all back

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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  • 2 weeks later...

Well,

 

I filed my mcol on the 2nd and it was deemed served on the 7th (much like a couple of other people on the same timescales as me). However whereas they have had offers my claim still hasn't even been acknowledged. I am still sittin gon "Issued."

 

Am i correct in thinking that they have until the 21st (14 days after being served) to aknowledge and that if they don't I win by default? Also, if I did enter for a default judgement and then they acknowleged it afterwards would I still win by default or would I then have to continue as normal?

 

I WANT MY MONEY!

 

Perhaps they're preparing a "Real" defence aginst me?

 

Steve

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardyboy2

 

I am in exactly the same situation as you I filed, issued etc all on the same day as you and am still at start status. All the same except I have heard nothing from them regarding an offer. I too am waiting until the 21st when we win by default. I would assume that even if we receive a letter shortly after the 21st (dated earlier) we would have both by then clicked the won by default option and that would be the end of it as they have had ample opportunity to contact us.

 

Good luck

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Hi Wardyboy2

 

I am in exactly the same situation as you I filed, issued etc all on the same day as you and am still at start status. All the same except I have heard nothing from them regarding an offer. I too am waiting until the 21st when we win by default. I would assume that even if we receive a letter shortly after the 21st (dated earlier) we would have both by then clicked the won by default option and that would be the end of it as they have had ample opportunity to contact us.

 

Good luck

 

Magic

 

Cheers for the update Magic, makes me feel a lot better that its not just me. Winning by default is probably the quickest option now. Gutted if we get a letter saying they aknowledge on Saturday! Then they get a further 28 days!

 

Good luck to you too and keep me posted!

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Well... still no acknowledgment from the bank. 4 more days until I can claim a judgement by default. An interesting side note is that despite making chargeable account discrepencies last months (went over OD linit), the bank have decided not to bother? I noticed this has happened to someone else too. Perhaps they don't want the hassle of another cliam and so will let things go a bit? - I very much doubt this but hey.

 

Can I cliam for default judgement on Monday (the 14th day since "Deemed Served") or do i have to wait until the day after?

 

Cheers

 

Steve

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Long time no threads Wardy!!

 

Not to put a dampner on things but I heard somewhere that default could be claimed 28 days after the claim was deemed served. I am totally confused with whether its 14 or 28. I am still waiting for a chq from them so I should also win by default but not sure to what time scale..

 

Louise

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They have 14 day sto acknowledge. If not a default win can be claimed. If they DO acknowledge (like for you) they get an extra 14 days (on top of the origional 14) to enter a defence. So you can win by default also if they don't enter a defence after an acknowledgement.

 

I think that makes sense.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Just read that on a thread my magic. Been a really long day. Fingers crossed then that they dont respond, may speed things up a little for you. Have you seen any threads where people have won by default? Do they tend to pay quickly afterwards?

 

Do I win by default if they dont pay me a cheque by 7th September then? (28 days after claim deemed served? Or 28 days after they offered the full settlement?

 

Sorry to be a pain in the a*!e

 

Louise

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Don't hold me to this... but I think 28 days from the deemed served you win by default (because they have acknowledged). It doesn't make too much difference as they have offered to pay anyway, but it means that they then have deadlines by which to pay or else you can apply an enforcement order!

 

Maybe I haven't lost the beer race yet? Whats the latest with Hedgehog?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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It's the day after the 14 or 28 days are up (have spoken to the court today as was getting confussed myself). My claim was issued on 19/7, acknowledged 21/7 but deemed served on 24/7, so they ahve until midnight 21/8 to pay or I will file judgement by default on 22/8.

Hope this helps!

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Many thanks, have been going round in circles with this one! So I have 28 days from the date my claim was deemed served before I win by default, (if they fail to pay me by cheque) Got it.

 

Louise

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